HB 2107: S/E pharmacies; practices; pharmacy benefits managers |
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PRIME SPONSOR: Representative Syms, LD 28 BILL STATUS: Caucus & COW |
Relating to prohibitions on a PBM.
Provisions
1. Prohibits a PBM from:
a. Restricting a pharmacist or pharmacy from providing information to an insured individual regarding the amount of their cost share for a prescription drug or the clinical efficiency of an available alternative drug;
i. Specifies that a PBM may not penalize a pharmacy or pharmacist for disclosing or selling the alternative prescription drug.
b. Charging or collecting a copayment from an insured individual that exceeds the total submitted charges by the network pharmacy; and
c. Prohibiting a pharmacy from dispensing a 90-day fill of a non-specialty, maintenance prescription medication if allowed by the individual's health and pharmacy benefit design.
i. Excludes the dispensing schedule II, III or IV controlled substances from the prohibition. (Sec. 1)
2. Stipulates that federal law applies if there are any conflicts regarding PBM prohibitions. (Sec. 1)
3. States that a PBM who violates any of the outlines prohibitions is guilty of an unlawful practice regarding consumer fraud.
a. Permits the Attorney General to investigate and take action regarding violations. (Sec. 1)
4. Applies the prohibitions to all contracts between a PBM and a pharmacy that are entered into or renewed after the effective date. (Sec. 1)
5. Permits this act to be known as the "Prescription Drug Pricing Patient Protection Act." (Sec. 2)
6. Defines cost share and pharmacy benefits manager. (Sec. 1)
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10. Fifty-third Legislature HB 2107
11. Second Regular Session Version 2: Caucus & COW
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